DALLAS — A Dallas man has been federally charged after he allegedly shot at an ATF agent in a road rage incident, according to the U.S. Department of Justice (DOJ).
Michael Fagan, 30, was charged on April 19 with assaulting or impeding a federal officer and made his his initial court appearance on Friday.
According to a criminal complaint, at 8 p.m. on April 6, an ATF agent noticed an SUV use the far-right turn lane to bypass all the other stopped cars at a red light near the Dallas Arboretum and ran the light, DOJ officials said in a press release.
A few blocks later, the agent observed the SUV’s driver, later identified as Fagan, inside the vehicle "yelling and flailing his arms," the DOJ said. The agent rolled down his front passenger window and asked if the driver was okay, thinking Fagan might be experiencing an emergency.
Then, Fagan allegedly opened his driver-side door and began yelling incoherently, and the agent told Fagan to get back into his vehicle, DOJ officials said. Fagan then allegedly re-entered his vehicle, leaned over the passenger seat, and turned around to face the agent with a semiautomatic pistol in his hand.
According to federal officials, the agent yelled "don't" and ducked down below the dashboard, then heard two gunshots. The agent drew his gun and fired back three times, striking Fagan.
DOJ officials said Fagan fell back into his SUV and fled the scene to meet up with his girlfriend, who called 911 to report he had been shot and took him to Baylor hospital.
Fagan told law enforcement in interviews he had been drinking at a local club prior to the shooting and said a mid-sized Chevrolet that had been tailgating him fired at him. DOJ officials said there were no cars resembling the Chevy that Fagan described located in surveillance footage from the area and day in question.
“Mr. Fagan’s behavior two weeks ago was allegedly violent and hostile; two adjectives that don’t go well with firearm possession," said ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II. "While acting in this manner, he encountered a highly trained and dedicated ATF Special Agent. Luckily for the citizens of Dallas, that ATF Special Agent was able to put a stop to Mr. Fagan’s alleged acts of violence."
At the scene, law enforcement recovered five casings: three consistent with the duty ammunition carried by the ATF agent, and two consistent with another firearm.
A criminal complaint is merely an allegation of criminal conduct, not evidence. Fagan is presumed innocent until proven guilty in a court of law, DOJ officials said.
If convicted, Fagan faces up to 20 years in federal prison.
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